Divorce means a shake-up of the family unit. Since you will not all be living under the same roof, there must be an arrangement that determines which parent has custody of the children.
Usually, the court will step in when the parents cannot agree on the children’s custody. Several factors will influence the court’s judgment in custody proceedings. Here is what you should know.
The children’s best interests take precedence
Custody decisions are primarily based on the best interests of the children. While the public policy in Texas is that both parents should participate in raising the children, the court can issue orders to the contrary if it is what’s best for the children.
Some of the factors that will influence the court’s decision include:
- The child’s desires
- The emotional and physical needs of the child
- The vulnerabilities of the child
- The parental abilities of each parent
- The existing parent-child relationship, among others
It is worth noting that the children’s or parents’ gender has nothing to do with the court’s custody decisions.
Enforcing and modifying custody orders
Court-issued custody orders are enforceable. Therefore, if you have visitation rights and your co-parent prevents you from accessing the children, you can seek the court’s intervention to deal with the situation.
In addition, these orders are not permanent. If there has been a substantial change in circumstances since the court issued them, you can request a modification to reflect the reality.
Protect your rights and interests in custody proceedings
Custody proceedings are sometimes complicated, especially when there is a contest between the parents. It is wise to have legal representation from the start to guide you through the entire process and ensure you protect your parent-child relationship.